Welcome to The Higherside Chats Plus!
These terms and conditions outline the rules and regulations for the use of The Higherside Chats Website & Plus Subscription.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1.2. By accepting the Terms and Conditions, you agree to (a) provide accurate, complete and current information as prompted during the Member registration process, and (b) to maintain and update your e-mail address to keep it accurate, complete and current. The Higherside Chats may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or may cause confusion, as determined by The Higherside Chats in its sole discretion.
1.3 The Higherside Chats reserves the right to change any of these Terms and Conditions at any time without notice.
2. MEMBER CONDUCT
2.1. The Premium Membership Service is an entertainment and opinion service only. The Higherside Chats assumes no responsibility for the accuracy, currency, completeness or usefulness of information in any material available via the Service and it does not endorse any opinions or recommendations posted by other Members or Guests.
2.2 The following actions, among others, may result in the termination of your Premium Membership Subscription.
(a) Using the Premium Membership content for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar or otherwise objectionable.
(b) Posting or transmitting third party copyrighted information or in any way infringing on the intellectual property, contractual or fiduciary rights of others.
(c) Providing false information on your registration form, or impersonating someone else.
(d) Providing or facilitating access to Premium Membership content to any non-Member through any method that enables a third party not part of your household or otherwise approved by The Higherside Chats.
(e) Modifying any of the Premium Membership content in a manner so as to produce a copy that is inaccurate or misleading.
(f) The sale or other commercial use of any Premium Membership content, or duplication thereof.
(g) Providing a full quotation, summary, transcript or other appropriation of the content of any Premium Membership content to any third person or facility, including but not limited to the posting thereof on any website, without the prior express written permission of The Higherside Chats.
2.3. Your use of the Premium Membership Service is subject to all applicable local, state, national and international laws and regulations. You agree not to transmit any material that could constitute or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or rule. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your subscription and may be referred to appropriate law enforcement authorities. The Higherside Chats shall not be liable to you or any third party for the termination of the Premium Membership Service or any claims related to the termination of Service.
2.4. You agree that you are responsible for all statements made and acts or omissions that occur on your subscription while your password is being used. You agree to waive and hold The Higherside Chats harmless from any claims relating to any action taken by The Higherside Chats as part of its investigation of a suspected violation of the Terms and Conditions or as a result of its conclusion that a violation of the Terms and Conditions has occurred, including but not limited to the suspension or termination of your subscription.
2.5. The Higherside Chats reserves the right to access and disclose any information, including user names of accounts and other information, to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its Members.
3. PROPRIETARY RIGHTS TO CONTENT
3.1. The content available through the Premium Membership Service is the property of The Higherside Chats and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Content received through the Premium Membership Service may be listened to, downloaded, displayed, reformatted and printed for the personal, non-commercial use by you and members of your household only. You agree not to reproduce, re-transmit, re-post, distribute, sell, publish, broadcast, create derivative works from, perform, or in any way commercially exploit any of the content, or infringe upon trademarks or service marks displayed or received through the Premium Membership Service, including but not limited to others in the same company or organization, without The Higherside Chats' prior written consent.
3.2. You agree that upon posting information on the Premium Membership Service, you grant The Higherside Chats a non-exclusive, worldwide, royalty free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, whole or part, without any duty to account to you. You also grant The Higherside Chats the right to authorize the downloading and printing of such material, or any portion thereof, by other members for their personal use.
4. EXTERNAL LINKS
4.1. The Premium Membership Service may contain links to other related World Wide Web Internet sites and resources. The Higherside Chats is not responsible for the availability of these outside resources, or their contents, nor does The Higherside Chats endorse nor is The Higherside Chats responsible for any of the contents, advertising, products or other materials on such sites. Under no circumstances shall The Higherside Chats be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites.
5. FEES, PAYMENTS AND CANCELLATIONS
5.1. You certify that you are 18 years old or older and you agree to be responsible for and pay any charges incurred in connection with your user name and password. Your subscription shall continue until The Higherside Chats receives notice of termination via your use of the cancellation links found at the bottom of the sign up page. The Higherside Chats exercises its rights of termination as described in the Terms and Conditions. The Higherside Chats reserves the right to change at any time the subscription fees and billing methods.
5.2 No refunds will be issued for any reason if the user has logged into the Premium Membership area at least once.
5.3 Users are solely responsible for their own cancellations. Cancellation can be made by following the links found at the bottom of the sign up page . The Higherside Chats does not support user Paypal account issues or questions.
6. DISCLAIMER OF WARRANTIES AND LIABILITY
6.1. The Premium Membership Service is provided AS IS and AS AVAILABLE, without warranty of any kind. THE HIGHERSIDE CHATS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF; (B) ANY WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED; AND (C) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE HIGHERSIDE CHATS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE HIGHERSIDE CHATS, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SERVICE, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT THROUGH THE SERVICE. IN NO EVENT WILL THE HIGHERSIDE CHATS, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. THE HIGHERSIDE CHATS, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE. YOU AGREE THAT THE LIABILITY OF THE HIGHERSIDE CHATS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE PREMIUM MEMBERSHIP SERVICE OR THE CONTENT IN THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID THE HIGHERSIDE CHATS FOR THE USE OF THE SERVICE.
7.1. You agree to indemnify and hold The Higherside Chats, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Premium Membership Service, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Premium Membership Service using your computer, of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
8.1. You agree that The Higherside Chats may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Terms and Conditions or any subsequent modifications, or attempted assignment of your account by you.
9.1. The Terms and Conditions are governed by and construed in accordance with the laws of The United States of America. You agree to submit to the personal jurisdiction of the courts of The United States of America for any cause or action arising out of or relating to the Premium Membership Service or the Terms and Conditions.
9.2. You agree that any cause of action arising out of or related to the Premium Membership Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.